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Marcos S.,1 Complainant, v. Sonny Perdue, Secretary, Department of Agriculture, Agency.

0120171782 (E.E.O.C. Feb. 7, 2019)
Marcos S.,1 Complainant, v. Sonny Perdue, Secretary, Department of Agriculture, Agency.

10 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,609 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  2. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 979 times   1 Legal Analyses
    Holding that where a supervisor makes sexual overtures to employees of both genders, or where the conduct is equally offensive to male and female workers, the conduct may be actionable under state law, but it is not actionable as harassment under Title VII because men and women are accorded like treatment

  3. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,673 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

  4. Section 7121 - Grievance procedures

    5 U.S.C. § 7121   Cited 484 times   4 Legal Analyses
    Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"

  5. Section 1614.107 - Dismissals of complaints

    29 C.F.R. § 1614.107   Cited 477 times   5 Legal Analyses
    Explaining the notice requirements for partial dismissal of claims in an EEO complaint

  6. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 229 times   1 Legal Analyses
    Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

  7. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 140 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  8. Section 1614.301 - Relationship to negotiated grievance procedure

    29 C.F.R. § 1614.301   Cited 102 times
    Governing the procedures available to an individual who is covered by a collective bargaining agreement

  9. Section 1614.405 - Decisions on appeals

    29 C.F.R. § 1614.405   Cited 83 times   3 Legal Analyses
    Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

  10. Section 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC